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Q1: What is the Australian Migration Program?
The migration program is the mechanism by which the Australian Government determines how many applicants it will allow to settle permanently in Australia in any given year - and is sub-divided into two programs: the Migration Program and the Humanitarian Program.
The Migration program is further divided into family, skilled and special eligibility migration. The Humanitarian Program also has further categories such as refugees, special humanitarian migrants and special assistance.
The largest component of the migration program is the family reunion stream, where preference is given to a spouse, child, adoption, parent and preferential family. There is also a residual class -- the Skilled-Australian-sponsored class -- whose numbers may be controlled by the operation of a 'pool' of potential applicants who may be processed to meet the targets set for the migration program in any particular year.
Q2: Why is PR (Permanent Residence) the best option?
We strongly advise our applicants to apply for permanent residence, in order to be in the best personal and professional position when they land in Australia. If you are eligible to apply for the General Skilled Visa option, it is the best choice for the following reasons:
- It leads to full Citizenship after 2 years of living in Australia.
- It enables you to be in the best personal position as you don’t have to worry anymore about going in and out of the country as a tourist or other visas (business or employment sponsorship).
- If you are on an employment sponsorship visa, employers take advantage of your situation and pay you less and they know that you depend on them, as you have to leave the country in a month if something goes wrong with the employer.
- You are in a far better marketable position if you apply for jobs as a PR otherwise you will find that employers don’t even want to consider you because the employment sponsorship is a very complicated procedure for them to go through.
- Even if you just decide to be a student (or your partner wishes to study in Australia) it’s still the best choice as studies in Australia are very expensive for overseas students and once you become a PR you immediately enjoy the benefits of a local student, and pay from half to a third of the price for your studies and you are eligible for various Government grants.
- You get immediately free Medicare that is the basic governmental insurance package. As to social benefits you will get them only after 2 years of living in Australia as a PR.
Q3: Do I need to be represented professionally in the procedure?
- It’s important to make it clear that you can apply by yourself and go through the migration process without the professional representation of migration agents. However, there are so many reasons why it is far better to be represented professionally that it’s very hard to list all the reasons and we will make an attempt to mention some of the main ones.
- Sometimes the migration procedures might seem simple but they are very intricate and misleading.
- There are daily changes in the migration laws and different internal policies of the assessing and government bodies, so that only professionals in the field can keep up to date with that and be sure that all the right factors have been taken into account.
- We continuously get applications from individuals who wasted a lot of time and money on their efforts to apply by themselves and have used the wrong procedure or made other mistakes and they try to correct the damage that has already been done, we can still help at that stage but it’s much harder than to get it right the first time.
- It’s important to get it right the first time as the process is lengthy and our experience has shown that those who have chosen to do it by themselves, apart from the fact that many of them fail, it is also nerve wracking for them as they are "alone in the process", don’t have any sources to get advise from, and the tension and pressure accumulates as they continue further down the track.
Q4: How do I become an Australian Citizen?
You may become a citizen of Australia in one of three possible ways. These are:
By birth: In Australia people automatically become an Australian citizen if they are born here and one or both of their parents is an Australian citizen or permanent resident of Australia.
By descent: If you are the child of an Australian citizen but you are born overseas you will generally be granted Australian citizenship. There are a number of rules that might apply to people in this category. These are indicated in the Australian Citizenship Act, 2007.
By grant: If you are a non-citizen of Australia you can apply to become an Australian citizen. You must meet several requirements, which generally are that you:
- Are an Australian permanent resident
- Are over 16 years of age
- Have lived in Australia as a lawful resident for a total of four years where absences of a cumulative duration of less than 12 months will not matter, including 12 months as a permanent resident immediately preceding the date of application where absences of a cumulative duration of less than 3 months during this period will not matter
- Are of good character
- Have a knowledge of basic English
- Have an adequate knowledge of your responsibilities and privileges as a citizen
- Are likely to reside in, or to maintain a close and continuing association with, Australia if granted citizenship
Q5: How do I begin the Australian Visa Application Process?
Begin the visa application process in 3 easy steps:
Step 1 – Assess your visa eligibility
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Determine your eligibility for an Australian visa in just a few minutes by
completing Free Visa Assessments service either at our office or online.
- Our advanced Visa Eligibility Assessment System was developed by experienced immigration professionals and complies with the criteria specified by the Australian Department of Immigration (DIAC).
Step 2 – Complete personal counseling
- Complete the personal counseling - an advanced personal and online counseling technology developed to help your immigration advisor gain a detailed understanding of your personal circumstances.
- On completion of your counseling, select a visa service that satisfies the level of application support you require.
Step 3 – Prepare your visa submission to Australia
- Prepare and Lodge your Australian visa submission with the assistance of a qualified immigration advisor and use advanced online application tools to help you professionally prepare your submission.
- To help you manage your application, GICS has developed a state of the art Visa Administration Centre, allowing you to:
Q6: How long does it take to process an application?
Processing times vary depending on the type of visa, country where lodged and quality of application made.
Delays can possibly result from and include:
- Poor documentation and presentation
- Misunderstanding of visa requirements
- The need for an interview
- Health issues
- Complications regarding the criminal or security status of the applicant or dependants
- Applicant's difficulty in obtaining satisfactory supporting documents
- Requests by the Visa Office for additional supporting information
- Visa Office workload demands, staffing limits, application backlogs and identified priorities
Before planning to migrate to Australia, discover whether you qualify and how we may achieve your desired outcome in the most timely and cost-effective way by simply completing our Online Australian Immigration Assessment Form.
Q7: How can GICS help?
Mistakes can delay or permanently derail an application. This is where being represented by an experienced Australian immigration firm makes a difference.
To avoid common errors or unnecessary risks, view How We Assist to learn:
- What You Can Expect from Our Assessment
- Doing it Right the First Time
- What You Should Beware
- Contracting for Our Services
- What a Client Can Expect
Q8: What are my chances of success?
GICS will not proceed with any matter unless we believe that there is a genuine and realistic chance of it succeeding.
For those whom we represent GICS commits its best efforts resulting over the years in many great results on behalf of clients. However, because each case involves many different factors, results will always be different from case-to-case. For that reason, the result GICS achieves in one case is no guarantee that we will obtain the same or similar result in any future case. Every case therefore is dependent upon its special facts.
- Proven case studies attest to our near 100% client success rate.
Q9: What will a visa application cost?
Fees payable (if any) to the Australian Government vary for permanent, temporary and other resident visas.
Depending upon the class of visa for which you apply, you may also need to pay an additional fee for such things as
- A skill assessment of your occupational qualifications
- Police checks
- Health examinations
- Financial business reporting
- English language testing
- Translations
- Certifications
Examples of Government fees in $AUD (as of 02 March, 2009 *subject to change*):
- Permanent Migration
| Individual immigration ('Points Test') | - 2,105.00 |
| Business person migration | - 4,090.00 |
| Parent | - 1,420.00 |
| Partner (Spouse/De facto/Prospective) | - 1,420.00 |
- Temporary Migration
| Employer Sponsorship (457, SBS) | - 595.00 |
| Establishing a business (Provisional) | - 2,800.00 |
Q10: What are GICS fees?
Fair and accurate fee. Every person is unique, and every set of circumstances varied. We charge fairly based on the individual facts, the urgency and complexity of each situation, and the anticipated time and skill required to achieve your goals.
We structure fees to give you the best return on your investment, and to encourage frequent communication. Instead of burdening our clients, our fees are often made - by installments - on a full-service, fixed-fee basis. There are no hidden costs. We want you to be absolutely certain in advance of the actual costs involved, with the assurance of all the personal attention you need for your individual case.
After completing our Immigration Assessment Form, we can provide precise cost estimates to those who qualify to process their application.
Q11: What happens when my Australian permanent visa is granted?
The visa will permit you unlimited travel and entry to Australia for five years from date of grant, and indefinite stay on your arrival provided entry is made before the expiry date.
Where you travel overseas and return to Australia after the specified date, you will need to obtain a five-year Resident Return Visa (RRV) to renew your permanent residence. To renew your permanent residency, you must have been lawfully presence in Australia for a period of, or periods that total, not less than two years in the period of five years immediately before the application for the RRV and, during that time, you must have been the holder of a permanent visa. Limited exceptions to the two-year rule apply.
Q12: What will my Australian visa permit me to do?
Being an immigrant you would be entitled to Live, Work, Study, Do Business and Study. The visa permits the holder to travel to and enter Australia, and/or to remain in Australia. Holders of permanent visas are permitted to remain in Australia indefinitely. Holders of temporary visas are permitted to remain for the specified period. The period varies depending on the class of visa.
Your visa may be granted subject to certain conditions which will govern what you are entitled to do as the holder of the visa and may also require you to do certain things for your visa to remain in effect (for example, travel to Australia within a certain time).
Q13: Will I receive evidence of my visa if my application is successful?
The most common way in which evidence of the grant of the visa is given is by placing a visa label in your passport. In some cases no evidence of the grant of the visa is required to be given.
Q14: Will my visa cease when I leave Australia?
Your visa may cease when you leave Australia. If you intend to return to Australia you should confirm before you leave Australia whether your visa will permit you to return, and the time limit for returning to Australia that applies in your case.
Q15: Am I required to provide information and documents to the Department when I arrive in Australia or leave Australia?
Subject to limited exceptions, every non-citizen who arrives in Australia must pass through immigration clearance. In most cases you will need to produce a completed passenger card and provide evidence of your status. You would normally do this by producing the passport, which contains evidence of your visa.
A non-citizen who reaches Australia without a visa will be required to leave Australia immediately unless he or she is eligible to apply for a limited number of classes of visa that can be applied for on arrival.
Q16: What happens to my visa if my passport is lost or stolen?
Losing a passport does not affect the visa granted to you. Your passport contains evidence of the grant of the visa rather than the visa itself. The visa is the permission that is given to you to travel to, enter and/or remain in Australia.
You should obtain a new passport from the country that issued it, and present the new passport at an Australian visa office for re-evidencing of the visa. There is a fee for re-evidencing some visas.
Q17: How do I know if I am a "lawful non-citizen"?
Lawful non-citizens hold a visa in effect, which gives permission to remain in Australia. If you are unsure of your status you can contact us in confidence. In most cases your status will be clear from the visa evidence affixed in your passport.
Q18: What happens if my Australian visa expires?
A non-citizen in Australia whose visa ceases becomes unlawful and is liable for detention and removal from Australia. If you become unlawful and come to the notice of the Department of Immigration, you will not necessarily be immediately detained; you may be able to be granted a bridging visa.
You should also be aware that by becoming unlawful your right to apply for or be granted a visa may be severely restricted.
Q19: Can I remain in Australia permanently on a Bridging Visa?
The grant of a bridging visa will not permit you to remain in Australia permanently. It will maintain your lawful status in certain situations, for example during the processing of your application for a substantive visa.
If you wish to remain permanently you will need to apply for and be granted a substantive visa, which allows you to remain permanently.
Q20: Do I need to advise the Department of Immigration and Citizenship (DIAC) if I change my address?
You must inform the Department of Immigration and Citizenship where you intend to live while your application is being processed. If you will be changing your address for more than 14 days you must tell the Department your new address and how long you intend to be there.
Q21: What do I do if my circumstances change?
You have an obligation to notify the Department of Immigration and Citizenship in writing if any of the information that is included in or with your application form (or provided later in support of your application) changes.
This obligation applies whether you are in Australia or overseas. If your application was made in Australia your obligation applies only to changes in circumstances before the visa is granted. If your application was made outside Australia, the obligation to advise of changes of circumstances continues after the grant of the visa.
The information that you provide to the Department will be used when considering whether to grant or refuse to grant you a visa. If you fail to notify the Department of a change in your circumstances, any visa that is granted to you may be cancelled before or after you have arrived in Australia.
Q22: Can I apply for permission to work while in Australia?
If you held a substantive visa at the time of application for another substantive visa, the bridging visa granted to you will normally continue the permission to work conditions of the visa you held. If the visa you held did not permit work (for example, a Tourist/Visitor visa) you will not be entitled under the bridging visa to engage in work.
If you do not have permission to work, or if you only have a restricted permission to work, you may be able to apply for another bridging visa with permission to work.
Q23: If I need a visa can it be granted to me without applying for it?
The general rule is that a visa cannot be granted unless an application has been made, but there are exceptions. The following groups of people are taken by Australian Migration Regulations to be granted a visa without having to apply for the visa:
- Certain persons are "taken to hold" special purpose visas for the time that they come within the scope of the Regulations. Groups covered include ship and airline crews, official guests of the Australian Government, and certain specified military personnel.
- Certain unlawful non-citizens who are incapable of making a valid
- Application for a visa (for instance, a child) are eligible for the grant of a Bridging E visa in limited circumstances.
- A child born in Australia to a temporary visa holder is taken to have been granted the same class of visa as held by the child's parent or parents. A child born in Australia to a permanent visa holder is an Australian citizen.
- Non-citizens in Australia on 1 September 1994 who had unresolved applications for an entry permit on that date hold a bridging visa from that date. This maintains the lawful status of holders during the processing of their applications.
- Non-citizens in Australia on 1 September 1994 who held entry permits or entry visas on that date hold a transitional visa.
The Migration Act provides that certain ex-citizens and long-time residents of Australia hold visas.
Q24: Can I apply for more than one visa at a time?
Nothing prevents you from applying for more than one visa at a time. You will need to comply, in respect of each application, with all the requirements for the making of applications. This will usually involve you paying a separate fee for each application.
Q25: Can I hold more than one visa at a time?
You cannot hold more than one substantive visa at the same time. If a new substantive visa is granted, any existing substantive visa that you hold will cease. If you do not hold a substantive visa but hold more than one bridging visa, only the most beneficial bridging visa will be in effect.
It is possible to hold more than one visa at a time provided that only one of those visas is in effect. If you hold a substantive visa and a bridging visa at the same time the bridging visa will not be in effect while your substantive visa is in effect.
Q26: I want to work in Australia. Can you help me?
Demand for skilled people from overseas in most Australian industry sectors is strong and our firm is experienced in securing work permits for businesses and individuals.
GICS resources, though, do not extend to finding employment or providing information on specific job opportunities in Australia for non-client inquirers with no definite job offers.
For more information on how to be sponsored, simply click Australian Employer Nomination Scheme (permanent residence) or Temporary Employer Sponsorship (3 months to 4 years).
Q27: Can I appeal the decision to refuse to grant a visa or to cancel a visa?
Most decisions made in Australia can be reviewed, as well as a number made overseas. However, there are strict time limits.
When you are notified of a decision to refuse to grant or to cancel a visa, you will also be advised as to whether you may seek a review of the decision made. Depending on the nature of the decision, any right of review you have will be to one of the relevant Review Tribunals. The review in each case will be a review of the merits of the decision.
Generally, a decision made outside Australia refusing to grant a visa where there is no nomination or sponsorship in that subclass is not reviewable. Where sponsorship or nomination is involved, then the sponsor or nominator in Australia or an Australian relative of the visa applicant can seek rights of review.
If your review is unsuccessful, and you still believe Immigration is wrong, it may be possible to seek review of that decision by the Federal Court. The review by the Court is not a review of the merits of the decision. This is only if the tribunal has made a mistake in applying the law in decision-making process.
If you are arguing with the Department of Immigration about a case, it is very useful to make a Freedom of Information application to see what is on the file.
Click here for more information on rights of review and procedures